A critical document defining how The Parole Board for Scotland is governed is five years out of date – raising fears that public confidence in the process could be undermined.
The Memorandum of Understanding (MOU), a written agreement between Scottish Ministers and the organisation, should be updated every three years.
It was last signed off on February 17 2017
Last year, the Scottish Government told The Courier it would be agreed by the end of 2024.
They now say it is still being finalised.
The issues with the MOU came to light after parole board members themselves raised concerns about how they are governed in their annual report.
Delay risks public confidence in process
The report by the parole board last April also stated they had requested, and were waiting on, a review of the parole system.
In August, the Scottish Government said this review is now under way.
On Thursday, the Scottish Government refused to say at what stage the review was at, when it would be completed or what was being included in the review.
It comes amid The Courier’s A Voice for Victims campaign which is fighting for reforms to the parole system.
Scottish Conservative justice spokesperson, Liam Kerr, told The Courier the delay risks public confidence in the parole process and was being treated as an afterthought.
The North East MSP said: “The memorandum of understanding, now years late for a review, underpins the very foundation of the parole arrangement in Scottish law.
“It sets the tone and direction of travel for the parole board, and it should be a matter of utmost importance to the SNP’s Justice Secretary.
“It should not be treated as an afterthought.
“Without the ability to point to policy, agreed with government, public confidence in parole decisions could be undermined.
“Many victims of crime feel left out of the entire parole process, with very little information reaching them.
“They and their families need to know these decisions are not arbitrary but have decent and up-to-date guidelines.”
What is a Memorandum of Understanding?
A MOU is a document outlining an agreement or framework that two or more parties have agreed to – but it is not legally binding.
The document in this case has not been updated since 2017, despite part of the agreement stating it should be “reviewed and updated at least every three years”.
A spokesperson for the Scottish Government told The Courier: “The Memorandum of Understanding is a jointly-drafted and agreed document between The Parole Board for Scotland and Scottish Ministers.
“The MOU defines the relationship and interaction between The Parole Board for Scotland and the Scottish Government.
“The MOU is currently being reviewed with a new, revised version reaching finalisation.
“This will be published on the Parole Scotland website soon.”
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